STATUTORY INSTRUMENTS

2021 No. 1206

ROAD TRAFFIC

The Heavy Commercial Vehicles in Kent (No. 1) (Amendment)

Order 2021

Made - - - - 28th October 2021

Coming into force - - 31st October 2021

The Secretary of State makes the following Order in exercise of the powers conferred by sections
90B(2) and 90E(3) of the Road Traffic Offenders Act 1988(a) (“the 1988 Act”) and section 8(1) to
(3) of the Traffic Management Act 2004(b) (“the 2004 Act”).

The Secretary of State is satisfied, in accordance with section 8(2) of the 2004 Act, that the further
special powers conferred on traffic officers(c) by this Order are necessary for the purpose of
facilitating the performance of any duties which may be assigned to them.

The Secretary of State has consulted with such representative organisations as appear appropriate
in accordance with section 90E(2) of the 1988 Act.

A draft of this Order has been laid before, and approved by a resolution of, each House of
Parliament in accordance with section 90E(4) of the 1988 Act and section 8(4) of the 2004 Act.

Citation, commencement and extent

1. This Order—
(a) may be cited as the Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order
2021;
(b) comes into force on 31st October 2021; and
(c) extends to England and Wales and Scotland, except for article 2 which extends to
England and Wales only.

Amendment of the Heavy Commercial Vehicles in Kent (No. 1) Order 2019

2.—(1) The Heavy Commercial Vehicles in Kent (No. 1) Order 2019(d) is amended as follows.
(2) Omit article 2(9).

(a) 1988 c. 53. Part 3A, which includes sections 90A to 90F, was inserted by section 11 of the Road Safety Act 2006 (c. 49).
(b) 2004 c. 18. The power under section 8 is conferred on “the appropriate national authority”, which is defined in section 15
and means, as respects England, the Secretary of State.
(c) See section 1 (traffic officers: introduction) of the Traffic Management Act 2004.
(d) S.I. 2019/1388, as amended by S.I. 2020/1386.
Amendment of the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order
2009
3.—(1) The Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009(a) is
amended as follows.
(2) In Schedule 2 (deposits for graduated fixed penalty offences)—
(a) in table 7, in column (1), for “1A(2), 2(1), 3(2) or 3(4)”, substitute “2(1) or 3(2)”;
(b) in table 8, in column (1), omit “3(A1), ”.

Signed by authority of the Secretary of State for Transport

Trudy Harrison
Parliamentary Under Secretary of State
28th October 2021 Department for Transport

EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 (S.I. 2019/1388)
(the “2019 Order”) and the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order
2009 (S.I. 2009/492) (the “2009 Order”).
Article 2 removes article 2(9) of the 2019 Order which provided that the powers conferred on
traffic officers by the 2019 Order would cease to have effect at the end of 31st October 2021. The
powers therefore continue in force beyond that date.
Article 3 omits several offences from the 2009 Order to reflect amendments being made by related
instruments to the Heavy Commercial Vehicles in Kent (No. 2) Order 2019(b) (S.I. 2019/1394)
and the Heavy Commercial Vehicles in Kent (No. 3) Order 2019(c) (S.I. 2019/1210).
A full Impact Assessment has not been produced for this instrument as it is not expected to have a
significant impact on the private, public or voluntary sectors. An Explanatory Memorandum has
been prepared for this Order and is available alongside this instrument on the UK Legislation
website www.legislation.gov.uk.

(a) S.I. 2009/492. Relevant amending instruments are S.I. 2019/1388 and S.I. 2020/1386.
(b) S.I. 2019/1394, as amended by S.I. 2020/1155 and S.I. 2021/988.
(c) S.I. 2019/1210, as amended by S.I. 2020/1146, S.I. 2021/109 and S.I. 2021/973.